Privacy -  Processing personal data by operator of search engine in searchresults. The operator of this search engine is responsible for the processing: he determines the purposes and means of that activity. Processing of the personal data of a search engine is carried out in the context of activities of the...

Copyright - Communication to the public by providing access to works via television and radio devices in rooms of spa establishment.

Copyright - Provision of clickable links is an act of communication: making it available to indeterminate and fairly large number of recipients. No act of communication to new public when clickable links provide direct access to original site; users deemed to be part of the public taken into account during initial...

Litigation - Geographical Indications - Any measures adopted by the institutions of the European Union which are intended to have binding legal effects, are actionable measures (article 263 TFEU). Automatic registration  by European Commission of already protected wine names in E-Bacchusdatabase does not establish...

Patent Law - Litigation - Tribunal Arbitral necessário must be considered to be a court or tribunal for the purposes of article 267 TFEU. SPC: validity of SPC is no longer than 15 years from the first MA in the European Union.

Design Law - Litigation -  Distribution of images of a design to traders operating in the involved sector in the Union can be sufficient to be known in the course of business to the circles specialized in the sector concerned. Burden of proving: holder of protected design must bear the burden of proving that the...

Customs Seizure - Council Regulation 1383/2003: affords protection over goods sold through an online sales website in a non-member country from the moment that the goods enter the territory of the Member State, irrespective of whether the goods were subject of an offer for sale or advertising targeting consumers of...

Trade Mark Law - Due cause: may also relate tot the subjective interest of a third party using a sign which is identical or similar to the mark with a reputation and is intended is intended to strike a balance between the interest in question, not to resolve a conflict between a mark with reputation and a similar sign...

Copyright - Videogame: complex matter comprised of computer program and graphic and sound elements. Legal protection against circumventing technological measures: only applies in the light of protecting the rightholder against acts which require his authorization. A “technological measure” can also include...

Trade Mark Law - Likelihood of confusion: if it is determined that marks are not similar and the likelihood of confusion is therefore excluded, increased distinctiveness as a result of the use of earlier marks cannot not offset the lack of similarity between the marks at issue.

Trade Mark Law - When examining whether a sign consists exclusively of the shape of goods which is necessary to obtain a technical result, the competent authority may take into account the actual use made of the trade mark following its registration.  

Trade Mark Law - Common name: Becoming a common name for end users of that product can be sufficient ground for revocation of a trade mark. The fact that the proprietor of a trade mark does not encourage sellers to make more use of a trade mark in marketing a product may be classified as ‘inactivity’ by the proprietor...

Database Rights - Re-utilisation of whole or substantial part of database by dedicated meta engine: when the end user is given the opportunity to use a form that indirectly uses data from a database protected under article 7.

Patent Law - Placement of product on the market: administrative authorisation issued for a medicinal product by the Swiss authorities, which is automatically recognized in Liechtenstein, must be regarded as first authorisation to place that product on the market when that authorisation predates marketing authorisations...

Patent Law - SPC: no new SPC possible in case the holder of a patent each time he places a medicinal product on the market containing a (1) principle active ingredient, protected by the basic patent and (2) another active ingredient which is not protected by the patent.

Patent Law - SPC possible on condition that active ingredient is covered by a functional formula that is identified in the claims of the patent.

Patent Law - A patent which protects several different products can obtain several SPC’s

Trade Mark Law - Term ‘earlier national trade mark: refers to all marks that have effect in a Member State, irrespective of the national or international registration.

Trade Mark Law - Risk of dilution reputed trade mark requires evidence of a change in economic behaviour: proof that the use of the later mark is, or would be, detrimental to the distinctive character of the earlier mark requires evidence of a change in the economic behaviour of the average consumer of the goods or...

Patent Law - Adjuvants: adjuvant does not fall within the definition of ‘active ingredient’ within the meaning of the provision, and adjuvant which has no therapeutic effect on its own does not fall within the definition of ‘combination of active ingredients’